SANDEEP ARORA Vs. USHA AND OTHERS

JUDGEMENT

(1.) The award dated 30.01.2008 passed by the Motor Accident Claims Tribunal, Amritsar [for brevity 'the Tribunal'] has been assailed by registered owner of Bajaj Chetak Scooter bearing registration No. PB-02D-0944 [hereinafter referred to as 'offending vehicle'].

(2.) The factum of accident has not been disputed by the parties. A motor vehicular accident took place on 04.09.2005. The vehicles involved in the accident were motorcycle bearing registration No. PB-02AE-7232 [hereinafter referred to as 'motorcycle'] and the offending vehicle. The accident proved fatal for Sukhwinder Masih @ Sukha i.e. rider of the motorcycle. FIR.No. 228 of 2005 was registered.

(3.) A claim petition was filed by widow, three minor children and mother of the deceased under Section 163-A of the Motor Vehicles Act, 1988 [for brevity 'the Act']. In the claim proceedings, involvement of offending vehicle was established. The Tribunal awarded compensation of '4,08,000/- alongwith interest @ 8% per annum. The Tribunal found that motorcycle was not insured at the time of accident and as such the insurer of the offending vehicle was absolved from the liability to pay the compensation. The owner of motorcycle, driver of offending vehicle and owner of the offending vehicle were held jointly and severally liable to pay the compensation. Being aggrieved of liability to pay compensation, the registered owner of offending vehicle has filed the present appeal. The issue raised is that he had already sold the offending vehicle before the date of accident, hence not liable to pay compensation.